S.P. MALHOTRA Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 420-SB of 1994 filed by the accused-appellant S.P. Malhotra and Criminal Appeal No. 437-SB of 1994 filed by the accused-appellants Parmod Kumar Jain and another, having been arisen out of the judgment dated 9.9.1994 passed by the learned Special Judge, Chandigarh, convicting the accused under Section 120-B read with Section 420 IPC, and further convicting accused S.P. Malhotra under Section 420 IPC and under Section 5(1)(d) of Prevention of Corruption Act punishable under Section 5(2) of the said Act. Consequently, they were sentenced as under :-

(2.) HOWEVER , all the substantive sentences were ordered to run concurrently.

(3.) ACCUSED Rajinder Kumar alias Rajinder Parshad filled in two loose cheques bearing No. 743619 and 743620 (Ex. P-1 and Ex. P-2 respectively) out of the Account No. 168 of Bishamber Dass (since deceased) and Account No. 306 of Parmod Kumar Jain accused, which were signed by the Account Holders on 29.7.1982 and the payment against both these cheques was received in cash by the accused S.P. Malhotra on 30.7.1982. It has been further unfolded by the prosecution that both these cheques so purchased under DD No. 759 and 760 on 29.7.1982, remained lying with the accused S.P. Malhotra who sent the same for realization only on 9.8.1982. But, these cheques were returned unpaid on 11.8.1982 to the bank of the accused S.P. Malhotra. However, accused S.P. Malhotra, who was required to ensure the receipt back of the said documents and to reverse the entries in the book of accounts did not do so in order to conceal the fact regarding purchase of the said cheques unauthorisedly and regarding receipt of these cheques as unpaid, managed to remove the said returned cheques. These cheques could not be traced out from the record of the bank. The prosecution also came up with the story that S.P. Malhotra accused was a partner in M/s. Luxmi Flour Oils and Rice Mill along with accused Parmod Kumar Jain and his brother Satinder Kumar Jain. Which was revealed from some letters written in the hand-writing of accused S.P. Malhotra, vide which he promised to repay certain amount to the aforesaid accused.